the Applicant v West Australian Newspapers Limited
Citation: [2026] FWC 3031
At a glance
- Employees affected
- 1
What happened
the Applicant was dismissed from West Australian Newspapers Limited on May 11, 2026, after working as a Customer Operations Manager since December 2021. The company restructured its customer team, making her role redundant. She received a redundancy package and was informed of available roles, none of which she expressed interest in. Shortly after her dismissal, the company advertised a Business Development Manager position that she had previously helped create. the Applicant filed an unfair dismissal application on June 22, 2026, exceeding the 21-day filing period.
What was decided
The Fair Work Commission considered whether to grant the Applicant an extension of time to file her unfair dismissal application, which was lodged 21 days past the statutory deadline. The Commission found that exceptional circumstances existed and granted the extension. This decision was based on factors including the Applicant’s health conditions following her dismissal and the subsequent advertisement of a Business Development Manager role she had previously developed. The decision was made after reviewing evidence and submissions from both parties.
What it means for employers
Employers should ensure clear communication during redundancy processes, providing comprehensive explanations for decisions and considering potential alternative roles. Promptly advertising new positions relevant to former employees can avoid perceptions of unfairness and potential disputes over job suitability. Thorough documentation of consultation processes is also crucial.
What it means for employees
Employees facing dismissal should seek legal advice promptly, even if experiencing health difficulties. Documenting any medical conditions impacting their ability to pursue a claim is important. Understanding the statutory timeframes for lodging applications is essential, and seeking extensions when necessary with supporting evidence is possible.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3031.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →